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Use and ownership of roof terrace in multi storey flats

Guest (Querist) 29 September 2015 This query is : Resolved 
I would like to seek clarification on this important issue as more and more multi storey flats are being constructed.

Most of builders including GDA,DDA etc sold roof terraces to top floor occupant. But these terraces are to be sued for maintenance of water storage tanks ,setting up dish antennas etc and should be treated as common property owned by residents society. What is legal status on this issue and should not the terraces and common use areas be owned by welfare society in such condominiums? Is there any judgement available on this
vswaminathan (Expert) 29 September 2015
To share one’s own independent longstanding conviction:

The referred practice, not unknown to be still on, not generally or widely but oddly though, is, if carefully considered, deserves to be faulted; and liable to be strongly objected to as illegal and unlawful.

Instantly comes to mind similar known instances , which pertain to sale of a part of ‘common areas and facilities’ to individual purchaser of a ‘FLAT’ or ‘APARTMENT’; such as, as part of a ‘pent house’ or facility for ‘car parking’ .

The spl. law (i.e. MOFA) governing construction and sale of ‘units’ as ‘FLATS’ , primarily because of its being read and construed , in isolation, though in one’s view wrongly so, has been the cause for the confusion prevailing in such or other related issues. Such a confusion has been brought into being, and attempted to be obsessively pursued and obstinately perpetuated, mostly by vested interests and their advising professionals, many times so called ’ in-house’ (employee) professionally qualified persons- not in independent practice, hence having field exposure.

In the context herein, attention may be invited to the articles on the related topics published on this website itself.

As has been set out / explained in detail, no such confusion would not at all have arisen, and ,in any case, might have faded into insignificance, had the two Acts, MOFA and MAOA, as warranted, been read together as complimentary and comprehensive legislation, governing both types of ‘units’ , including ‘APARTMENT’.

It calls for a pointed mention that, the term used in the MAOA, again covered in the specific definition of ‘common areas and facilities’, is – ‘roofs’ ; not ‘roof terrace’. And that is what in common parlance also known and identified as ‘open terrace’.

Now, over to the experts in the group, in field practice hence expected to be eminently equipped, for an independent but impartial study and insightful deliberation, to the end of reaching an incisive conclusion.


Guest (Expert) 29 September 2015
Discuss your personal problem, if any, or file a PIL, if you are concerned with general problem of the masses.
Rajendra K Goyal (Expert) 29 September 2015
Agree with the expert PS Dhingra.
T. Kalaiselvan, Advocate (Expert) 05 October 2015
You may answer the query raised by expert Mr. Dhingra first.


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